STATE v. CALLAWAY

No. 11745.

582 P.2d 1293 (1978)

92 N.M. 80

STATE of New Mexico, Plaintiff-Appellee, v. Jesse CALLAWAY, Defendant-Appellant.

Supreme Court of New Mexico.

August 29, 1978.


Attorney(s) appearing for the Case

Freedman, Boyd & Daniels, Charles W. Daniels, David A. Freedman, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Don D. Montoya, Suzanne Tanner, Asst. Attys. Gen., Santa Fe, Peter McDevitt, Asst. Dist. Atty., Albuquerque, for plaintiff-appellee.


OPINION

McMANUS, Chief Justice.

Defendant was charged with alternative counts of first and second-degree murder for the shooting death of his former wife. The primary issue at trial was whether the evidence presented as to the state of mind of the defendant warranted an instruction to the jury on the lesser-included offense of voluntary manslaughter.

After trial by jury the defendant was convicted of first-degree murder and sentenced to life imprisonment...

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